Rule2021-23431
Airworthiness Directives; Fokker Services B.V. Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 29, 2021
Effective
November 15, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain Fokker Services B.V. Model F28 Mark 0070 and Mark 0100 airplanes. This AD was prompted by a report of exfoliation corrosion found during an inspection of the wing front spar lower boom. This AD requires an inspection for corrosion of the wing front spar lower boom, and applicable corrective actions, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 86 Issue 207 (Friday, October 29, 2021)</title>
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[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Rules and Regulations]
[Pages 59842-59845]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23431]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0840; Project Identifier MCAI-2021-00262-T;
Amendment 39-21760; AD 2021-20-22]
RIN 2120-AA64
Airworthiness Directives; Fokker Services B.V. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Fokker Services B.V. Model F28 Mark 0070 and Mark 0100
airplanes. This AD was prompted by a report of exfoliation corrosion
found during an inspection of the wing front spar lower boom. This AD
requires an inspection for corrosion of the wing front spar lower boom,
and applicable corrective actions, as specified in a European Union
Aviation Safety Agency (EASA) AD, which is incorporated by reference.
The FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD becomes effective November 15, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 15,
2021.
The FAA must receive comments on this AD by December 13, 2021.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For EASA material incorporated by reference (IBR) in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#b4f5f0c7f4d1d5c7d59ad1c1c6dbc4d59ad1c1"><span class="__cf_email__" data-cfemail="9edfdaeddefbffedffb0fbebecf1eeffb0fbeb">[email protected]</span></a>; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. You may view this material at the FAA,
Airworthiness Products Section,
[[Page 59843]]
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195. It is also available in the AD docket on the internet at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No.
FAA-2021-0840.
Examining the AD Docket
You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2021-
0840; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, the mandatory continuing airworthiness information (MCAI), any
comments received, and other information. The street address for Docket
Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Ho-Joon Lim, Aerospace Engineer, Large
Aircraft Section, International Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3405; email
<a href="/cdn-cgi/l/email-protection#7c14135116131312521015113c1a1d1d521b130a"><span class="__cf_email__" data-cfemail="e88087c582878786c6848185a88e8989c68f879e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-0840; Project Identifier MCAI-
2021-00262-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Ho-Joon
Lim, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax 206-231-3405; email <a href="/cdn-cgi/l/email-protection#87efe8aaede8e8e9a9ebeeeac7e1e6e6a9e0e8f1"><span class="__cf_email__" data-cfemail="0d65622067626263236164604d6b6c6c236a627b">[email protected]</span></a>. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0059, dated March 2, 2021 (EASA
AD 2021-0059) (also referred to as the MCAI), to correct an unsafe
condition for certain Model F28 Mark 0070 and Mark 0100 airplanes.
This AD was prompted by a report of exfoliation corrosion found
during an inspection of the wing front spar lower boom. This corrosion
was found between wing station (WSTA) 3100 and WSTA 3600. It was
determined that corrosion may also exist at other spanwise positions on
the wing front spar lower boom. The FAA is issuing this AD to address
corrosion, which if not corrected, could lead to reduced structural
integrity of the wing structure and reduced wing ultimate and limit
load capability. See the MCAI for additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0059 specifies procedures for a detailed inspection
for corrosion of the wing front spar lower boom between WSTA 1825 and
WSTA 10110, corrective actions (repair and restoration of the surface
corrosion), and sending an inspection report to Fokker Services B.V.
This material is reasonably available because the interested parties
have access to it through their normal course of business or by the
means identified in the ADDRESSES section.
FAA's Determination
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
described above. The FAA is issuing this AD after determining that the
unsafe condition exists and is likely to exist or develop on other
products of the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in the MCAI
described previously, except for any differences identified as
exceptions in the regulatory text of this AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
EASA AD 2021-0059 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2021-0059 in its entirety through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this AD. Using common terms that are the same as
the heading of a particular section in EASA AD 2021-0059 does not mean
that operators need comply only with that section. For example, where
the AD requirement refers to ``all required actions and compliance
times,'' compliance with this AD requirement is not limited to the
section titled ``Required Action(s) and Compliance Time(s)'' in EASA AD
2021-0059. Service information required by EASA AD 2021-0059 for
compliance will be available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-0840 after this AD is
published.
Interim Action
The FAA considers this AD interim action. The inspection reports
that are required by this AD will enable the manufacturer to re-
evaluate the current 12-year visual inspection interval of the front
spar front side. Once final action has been identified, the FAA might
consider further rulemaking.
FAA's Justification and Determination of the Effective Date
There are currently no domestic operators of these products.
Accordingly, notice and opportunity for prior public comment are
unnecessary,
[[Page 59844]]
pursuant to 5 U.S.C. 553(b)(3). In addition, for the foregoing reason,
the FAA finds that good cause exists pursuant to 5 U.S.C. 553(d) for
making this amendment effective in less than 30 days.
Regulatory Flexibility Act (RFA)
There are currently no domestic operators of these products.
Accordingly, notice and opportunity for prior public comment are
unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the
foregoing reason(s), the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days.
Costs of Compliance
Currently, there are no affected U.S.-registered airplanes. If an
affected airplane is imported and placed on the U.S. Register in the
future, the FAA provides the following cost estimates to comply with
this AD:
Estimated Costs for Required Actions *
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Cost per
Labor cost Parts cost product
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28 work-hours x $85 per hour = $2,380. $0 $2,380
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*Table does not include estimated costs for reporting.
The FAA estimates that it takes about 1 work-hour per product to
comply with the reporting requirement in this AD. The average labor
rate is $85 per hour. Based on these figures, the FAA estimates the
cost of reporting the inspection results on U.S. operators to be $0, or
$85 per product.
The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions specified in this AD.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. Public reporting for this collection of information is estimated
to take approximately 1 hour per response, including time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2021-20-22 Fokker Services B.V.: Amendment 39-21760; Docket No. FAA-
2021-0840; Project Identifier MCAI-2021-00262-T.
(a) Effective Date
This airworthiness directive (AD) becomes effective November 15,
2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Fokker Services B.V. Model F28 Mark 0070 and
Mark 0100 airplanes, certificated in any category, as identified in
European Union Aviation Safety Agency (EASA) AD 2021-0059, dated
March 2, 2021 (EASA AD 2021-0059).
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Reason
This AD was prompted by a report of exfoliation corrosion found
during an inspection of the wing front spar lower boom. The FAA is
issuing this AD to address corrosion, which if not corrected, could
lead to reduced structural integrity of the wing structure and
reduced wing ultimate and limit load capability.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and
[[Page 59845]]
compliance times specified in, and in accordance with, EASA AD 2021-
0059.
(h) Exceptions to EASA AD 2021-0059
(1) Where EASA AD 2021-0059 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2021-0059 does not apply
to this AD.
(3) Paragraph (3) of EASA AD 2021-0059 specifies to report
inspection results to Fokker Services B.V. within a certain
compliance time. For this AD, report inspection results at the
applicable time specified in paragraph (h)(3)(i) or (ii) of this AD.
(i) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
(ii) If the inspection was done before the effective date of
this AD: Submit the report within 30 days after the effective date
of this AD.
(i) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (j) of this
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#86bfabc7d0d5abc7cfd4abb1b5b6abc7cbc9c5c6e0e7e7a8e1e9f0"><span class="__cf_email__" data-cfemail="f8c1d5b9aeabd5b9b1aad5cfcbc8d5b9b5b7bbb89e9999d69f978e">[email protected]</span></a>.
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Fokker
Services B.V.'s EASA Design Organization Approval (DOA). If approved
by the DOA, the approval must include the DOA-authorized signature.
(j) Related Information
For more information about this AD, contact Ho-Joon Lim,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3405; email <a href="/cdn-cgi/l/email-protection#92fafdbff8fdfdfcbcfefbffd2f4f3f3bcf5fde4"><span class="__cf_email__" data-cfemail="d7bfb8fabdb8b8b9f9bbbeba97b1b6b6f9b0b8a1">[email protected]</span></a>.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2021-0059,
dated March 2, 2021.
(ii) [Reserved]
(3) For EASA AD 2021-0059, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#29686d5a694c485a48074c5c5b465948074c5c"><span class="__cf_email__" data-cfemail="f0b1b483b095918391de9585829f8091de9585">[email protected]</span></a>; Internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>.
(4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call 206-231-3195. This material may be found in the AD
docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching
for and locating Docket No. FAA-2021-0840.
(5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<a href="/cdn-cgi/l/email-protection#8aecf8a4e3e4f9faefe9fee3e5e4cae4ebf8eba4ede5fc"><span class="__cf_email__" data-cfemail="6503174b0c0b16150006110c0a0b250b0417044b020a13">[email protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on September 24, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-23431 Filed 10-28-21; 8:45 am]
BILLING CODE 4910-13-P
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